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5. A contract restricting persons from en | promise to release joint debtor; payment of gaging in the milling business in the vicinity of a certain city after the completion of an agreement for the sale of their business, although it extends for their lives, is not illegal as in restraint of trade. Kramer v. Old (N. C.) 389

6. To take stock or help to organize or manage a corporation formed to carry on a business after one has agreed, on the sale of such a business, not to continue it in that locality, is a breach of his contract. Id.

surety; promise not to sue; compliance with
obligation to deliver papers or property; agree-
ment to comply with lease; agreement to com-
ply with marriage contract; promise to do
duty; where there is breach on both sides;
work already completed when additional prom-
ise made; waiver of conditions; acceptance of
performance; promise of additional compensa-
tion for completing contract; promise to per-
form additional duty for same consideration;
promise by stranger to the contract.
In restraint of trade.

Inability to perform or get benefit of.
Cancelation or rescission of.

33

390

575

92

7. There can be no recovery as between the parties on a contract made in violation of a statute, the violation of which is prohibited by a penalty, although the statute does not pronounce the contract void or expressly CONVICTS. See also CRIMINAL LAW, 3, prohibit the same. Sandage v. Studebaker Bros. Mfg. Co. (Ind.) 363

8. The tender back of letters patent by a buyer to the seller places the latter in statu quo so as to entitle the former to rescind the contract of sale on the ground that the letters were void for lack of novelty. Id. 9. The rescission of a written contract to convey land will be decreed in an action to compel specific performance where such performance is denied because of the purchaser's laches and the increased value of the property, although the vendor has obtained a judgment for the purchase price, which he offers to cancel. Hendry v. Benlisa (Fla.) 283

10. The rule that the members of the legis lative body of a city may not so act or contract as to deprive their successors of the unimpaired exercise of the legislative or governmental power does not apply to the exercise of the business or proprietary powers of the municipality, such as the power to contract for waterworks, but in the exercise of such power the city is governed by the same rules as a private corporation or individual, and may contract for terms longer than the duration of the terms of office of the members of its legislative body. Illinois Trust & Sav. Bank v. Arkansas City (C. C. App. 8th C.) 518

11. The cancelation of a contract by a municipality for a water supply will not be made by a court of equity merely because of the inadequacy of the supply, for which the water company is not in fault, but which is due to the inadequate capacity of the springs which the contract requires the supply to be obtained from. Du Bois v. Du Bois City Waterworks Co. (Pa.) 92

12. A reformation of a contract for a municipal water supply, because of a mutual mistake of the parties as to the adequacy of the stipulated source of supply, is within the power of the court under Pa. act April 29, 1874, § 34, cl. 3, giving power, on a bill filed by any citi zen, to make such order as may seem just and equitable for the correction of the alleged impurity or deficiency of the water supply. Id.

NOTES AND BRIEFS. Contracts; sufficiency of consideration; immoral consideration. 360 Performance of existing contract obligation as consideration for new promise:--In general; payment of existing debt as consideration;

4. NOTES AND BRIEFS.

1. The employment of a convict upon the public roads under supervision and control of a public agent by order of the county commis sioners is not a "hiring out" of the convict which, by N. C. Code, § 3448, requires an order of court embodied in the sentence. State V. Yandle (N. C.)

392

2. An order of county commissioners for the employment of a convict upon the public roads, made under N. C. Code, § 3448, and without any provision therefor in the sentence or any order of court, is not void on the ground that it is in the nature of an additional judg ment against the convict.

CORPORATIONS.

Id.

See also BILLS AND NOTES, 1, 2; CONFLICT OF LAWS, 8-15; CONTRACTS, 6; COUNTIES, 1; EVIDENCE, 5, 29; INSURANCE, 1; JUDGMENT, 2, 3; TAXES, 12.

1. It is a matter of common knowledge that where the ownership of a majority of the stock of a corporation changes, the board of directors usually changes, unless its members are already in harmony with the policy of its purchasers. Farmers' Loan & T. Co. v. New York & N. R. Co. (N. Y.)

76

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NOTES AND BRIEFS.

5. The fact that a contract company dom- | COSTS AND FEES. inates and controls a railroad company having the same stockholders will not make its engagements operate in legal effect as those of the railroad company with respect to one who is fully aware of the relations of the companies when making a contract with the former for work on the railroad. Richmond & I Constr. Co, v. Richmond, N. I. & B. R. Co. (C. C. App. 6th C.) · 625 6. A statute of a state in which a railroad company is organized can give it no authority to lease a railroad held by it in another state contrary to the policy of the latter state. Van Steuben v. Central R. Co. (Pa.) 577

Cósts; as debts within constitutional provision as to imprisonment. 655

COUNTIES. See also BONDS, 4, 5; PUBLIC
MONEY; STATUTES, 11-14, 20.

7. One who becomes a member of a foreign corporation subjects himself to such laws of the government of its situs as affect its powers and obligations. Warner v. Delbridge & C.

Co. (Mich.)

701

8. An assessment which will be binding on nonresident policy holders may be made under the Minnesota statutes upon the premium notes of the holders of mutual policies in an insurance company organized in that state to repay unearned premiums on cash policies issued by the company. Id. 9. An assessment on premium notes, made by a receiver of a mutual insurance company under a decree of the court, is not an adjudication binding on the courts of another state as against the maker of one of such notes who was not a party to the proceedings resulting in the assessment and who before the bankruptcy of the company had surrendered his policy and received back his note. Parker v. Lamb (Iowa) 704

;

1. Counties are not included among the corporations referred to in Tenn. Const. art. 11, 8, prohibiting the creation or increase of the power of corporations by special laws. Burnett v. Maloney (Tenn.)

541

2. A county is not a municipal corporation in the full sense of the term, but only a quasi corporation, and possesses such powers and is cially provided for by law. subjected to only such liabilities as are speSchweiss v. First Judicial Dist. Ct. (Nev.)

602 3. Counties are municipalities within the meaning of Wis. Laws 1895, chap. 138, authe state home for the feeble-minded. Lund thorizing municipalities to make donations to v. Chippewa County (Wis.)

131

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6. A prohibition against county indebted10. A stockholder's liability, which is conness for any other than strictly county purtractual under the statute, becomes a part of poses will not prevent indebtedness for a pubthe assets which pass to a receiver for the pay-lic canal through the county to connect two ment of corporate debts. Cushing v. Perot large public waterways with the ocean. (Pa.)

NOTES AND BRIEFS.

737

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Id.

7. In determining whether or not county indebtedness violates a constitutional provision that no county shall create any indebtedness exceeding 2 per cent upon the assessed value of the taxable property in it, compulsory obligations imposed by the legislature must be included. Grand Island & N. W. R. Co. v. Baker (Wyo.) 835

Id. 9. Recourse to the claims upon which judgments against a county were rendered may be had to determine to what class they belong, and whether or not any limit is imposed upon taxation by which they may be enforced. Id.

Effect of assessment on stockholders made 8. The fact that the validity of the debt under order of court in another state as res on which a judgment against a county was judicata. 694 rendered cannot be questioned in a proceeding Right to enforce stockholder's liability out. to enforce a tax to pay it does not prevent a side of the state of incorporation:-(I.) In ac-resistance of the tax on the ground that it was tion by corporation or its representative; (II.) not authorized by law. in action by creditor of corporation: (a) remedy according to law of forum; (b) for unpaid subscriptions to stock: (1) in general; (2) by creditor's bill; (c) for statutory liability after stock is fully paid for: (1) in general; (2) na ture of the liability; (3) liability absolute or distinct from statutory remedy; (4) constitutional liability; (5) exclusiveness of statutory remedy provided in state of incorporation; (6) conditions prescribed by statutes in state of incorporation; (7) action at law; (8) suit in equity; (d) remedies in Federal courts: (1) in general; (2) in equity; (3) at law; (III.) contribution between stockholders of foreign corporations.

Foreign right of contract.

737

596

10. A judgment against a county for a claim which should have been paid out of current revenue, but was not because the amount limited by the Constitution was exhausted, and which did not become valid county indebtedness because the constitutional limit of indebtedness had already been reached, or because it was not legally adopted by the people, is not "public debt" within the meaning of a provision of a Constitution limiting the tax rate except for public debt and interest thereon. Id.

11. The expense of maintaining the district court is a county purpose which must be provided for out of the fund raised by the limited tax levy authorized by Wyo. Const. art. 15, § 5. Grand Island & N. W. R. Co. v.

Baker (Wyo.)

835 12. A board of county commissioners which can only act as a body in session cannot confess judgment against the county under a statute requiring defendant to personally appear in court in order to confess judgment. Id. 13. A power of attorney to confess judgment cannot be given by a board of county commissioners without statutory authority. Id. 14. Compensation to be made to a landowner for land taken by a county for the location of a public road must be paid out of the ordinary county revenue raised by the limited tax provided by Wyo. Const. art. 15, $ 5. Id. Counties, as municipalities; incorporation of.

NOTES AND BRIEFS.

of the term of such contract. Illinois Trust & Sav. Bank v. Arkansas City (C. C. App. 8th C.) 518

6. In the construction of the statutes of a state which measure the powers and liabilitiesof its political organizations Federal courts uniformly follow the interpretation of the highest judicial tribunal of the state, where no question of general or commercial law or of right under the United States Constitution or laws is involved. Id.

7. The decisions of the highest court of a state upon the proper construction to be given to the constitutional and statutory provisions of that state are binding in Federal courts. Rhodes v. United States Nat. Bank (C. C. App. 7th C.)

742

8. The courts of one state will adopt its own methods of construction on a constitutional provision of another state where the courts of the latter state have not construed it. Tuttle

V. National Bank of the Republic (Ill.)

NOTES AND BRIEFS.

750

Courts; jurisdiction in action between nonresidents.

602 As municipalities; donations by, for public institution. 132 Power to issue bonds; issuing bonds payable in gold. 541 835 COVENANT.

Limitation of indebtedness of.

COURTS. See also CONTINUANCE.

1. Two members of the Tennessee court of chancery appeals may hear, consider, confer together, and decide the causes before them, in the absence of the other member of the court from sickness or other reason, although the act creating the court makes no provision as to the number which may act or constitute a quorum, but Mill. & V. (Tenn.) Code, $56, while not applicable to the court, provides generally that a majority of three or more officers to whom joint authority is given may

exercise it, unless otherwise declared. Cowan v. Murch (Tenn.) 538

2. A citizen of one state may maintain in the courts of another state a transitory action arising at his residence against another citizen of the same state found in the other state under the provision of the United States Constitution guaranteeing to the citizens of each state all the privileges and immunities of citizens of the several states which the courts of the latter state have no discretionary power to dismiss. Eingartner v. Illinois Steel Co. (Wis.)

503

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Majority or quorum of.

504

538

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4. Building along the division line and partly on each lot a solid wall higher than a covenant requires the servient lot to remain unobstructed for the purpose of furnishing light and air to the dominant lot will prevent the dominant owner, who builds it, from enforcing the covenant in equity as to the space below the top of the wall, but will not absolutely terminate the covenant. Id.

NOTES AND BRIEFS. Covenant; running with land; restricting building. 227

CREDITORS' BILL.

NOTES AND BRIEFS.

For unpaid subscriptions to stock of foreign corporation. 743 CRIMINAL LAW. See also BIGAMY; CONSTIUTIONAL LAW, 8; CONVICTS; HABEAS CORPUS, 2; IMPRISONMENT FOR DEBT.

1. The laws in force when the fatal blow or wound is inflicted govern the crime of murder,

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2. A consolidation of separate indictments charging definite offenses, for the purposes of trial, does not make them one offense so as to permit but one sentence. Howard v. United States (C. C. App. 6th C.) 509

3. Cumulative and successive sentences are within the power of a court to impose at common law, and they may be imposed by Federal courts without any express authority by act of Congress. Id. 4. The possibility of a deduction by good time credits, although contingent on the conduct of the convict, does not render a sentence so indefinite or uncertain that a successive sentence to begin on the expiration of the former will be invalid.

NOTES AND BRIEFS.

ld.

the costs thereof.
Ins. Co. (Pa.)

Marshall v. Franklin F 159

4. The difference between the actual market value of a lot and the price received is the measure of damages for a mistake in the transmission of a telegram which is not in cipher, to an agent by which a lower price is named to him than that stated by the principal, and in reliance upon which he executes the contract. Reed v. Western U. Teleg. Co. (Mo.) 492

5. A verdict for $500 is not excessive as damages for the mental anguish suffered by a father on account of inexcusable delay in delivering a telegram to a minister of the gospel calling him to the bedside of a daughter who desired baptism and union with the church, where the result was that he failed to come until after she was dead. Western U. Teleg. Co. v. Robinson (Tenn.) 431

6. No recovery can be had for a miscarriage resulting from fright caused by the negligence of another. Mitchell v. Rochester R. Co. (N. Y.) 781

7. Damages for the death of a married woman cannot include the loss to her minor child where the action is brought by her husband, under Mill. & V. (Tenn.) Code, § 3130, which provides that a right of action for injuries causing the death of any person shall not abate by reason of the death, but shall pass to his widow, or if none, to his children, or to his personal representative, for the benefit of the widow or next of kin, but fails to make any express provision as to the beneficiary in case of the death of a married woman, and leaves the recovery to go to the husband jure mariti, as it would have gone at common law but for its rule of abatement. Chattanooga Electric R. Co. v. Johnson (Tenn.)

Criminal law; enhancing penalty of crimes when committed by habitual criminals or prior offenders:-(I.) Validity of statutes and ordinances: (a) in general; (b) ex post facto laws: (c) cruel and unusual punishment; (d) equal protection of the laws; (e) second punishment or jeopardy for the same offense; (II.) Construction and effect of statutes: (a) in general; (b) third and subsequent offenses; (c) conditions as to prior conviction before commission of later offense; (d) conditions as to execution of or relief from prior sentence before commission of later offense; (e) effect of pardon of prior offense; (f) effect of appeal or writ of error to review prior conviction; (g) effect of prior conviction in other state or country; (h) what prior sentence must have been; (i) similarity or identity of prior and subsequent offenses; (j) procedure: (1) in general; (2) pleas and admissions; (3) order of trial; separating issues; (4) proof; (5) attacking validity of prior conviction; (6) verdict and judgment; (7) appeal or writ of error. 398 Reduction of prisoner's term by allowance servant. for good behavior:-(I.) Constitutionality of statute providing therefor; (JI.) Construction and effect of statutes: (a) in general; (b) Federal cases. 509

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1. Exemplary damages are recoverable for fraud in inducing a man to marry a woman who is pregnant by another. Kujek v. Goldman (N. Y.) 156

2. Exemplary damages cannot be recovered from a carrier for the malicious act of the conductor in ejecting a passenger unless his act is either authorized or ratified by the carrier. Robinson v. Superior Rapid Transit R. Co. (Wis.) 205

NOTES AND BRIEFS.

442

Damages; exemplary, for act of carrier's

DAMS.

205

1. A statute giving the trustees of a public canal power to raise the water in a river to a certain height by means of a dam, and providing that if in constructing the canal or developing the dam it becomes necessary to use private property, the board "shall have a right to acquire such right of way" in the manner now provided by law, requires the settlement of damages for flooding lands by the dam under the eminent domain law, and not by suit for nuisance. Leitzsey v. Columbia Water Power Co. (S. C.)

215

2. Failure to object to the raising of water along abutting lands by a dam across a river constitutes permission to do so within the provision of a statute that in case any person permits entry upon his land for the construction of a public improvement without previous compensation he shall have a right 3. The holder of a fire insurance policy to petition for the assessment of his damages, Id. insuring "forever" the insured and his assigns so that such remedy is exclusive.

may, where the insurer wrongfully terminates 3. The grant of a right to flood a part of the policy, secure a new policy in another a farm by the erection of a dam will preclude company, and recover from the old company the maintenance of an action for injuries caused

by the dam to the remaining portion. maker v. Columbia Water Power Co.

Nuna- years before and giving a check for money (S. C.) which constituted all of his personal property 222 in order to defeat his wife's rights as his heir, after obtaining the full benefit of the property See also DAMAGES, 7; HUSBAND up to the end of his own life. Smith v. Smith AND WIFE, 10.

DEATH.

1. A surviving husband as such cannot maintain a suit for the wrongful killing of his wife, under Mill. & V. (Tenn.) Code, $3130, preventing the abatement of the suit, although the recovery inures to his benefit, but he must bring the action as administrator. Chattanooga Electric R. Co. v. Johnson (Tenn.) 442

(Colo.)

NOTES AND BRIEES.

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DONATION. See BONDS, 4; COUNTIES, 4, 5; PUBLIC MONEY.

BUTION.

2. The right of action for damages resulting from death is exclusive of an administrator's right of action to recover for the pain and expense suffered by the person of his intestate from the injuries which caused DOWER. See also DESCENT AND DIStrihis death, under R. I. Rev. Stat. 1857, chap. 176, creating a right of action for death, and also providing for the survival of actions of "trespass on the case for damages to the person" as the survival applies to cases of injuries not causing death. Lubrano v. Atlantic Mills (R. I.)

woman.

NOTES AND BRIEFS.

797

NOTES AND BRIEFS.

Dower; as affected by insanity of husband, 224

DRAINS AND SEWERS. See also OIL;
TRIAL, 7.

The fact that a sewer blows up is en

Death; right of action for death of married titled to consideration upon the question of care on the part of a municipality in respect to its management. Fuchs v. St. Louis (Mo.) 118

442 How many distinct causes of action arise from injuries resulting in death:-(I.) Alternative action for death or injury: (a) generally; (b) actions for death as affected by release: (1) by injured party; (2) by others; (3) by plaintiffs; (c) other actions as a bar: (1) actions for the injury; (2) other actions for the death; (d) multiplicity of actions for death; (e) bar of other actions by limitation; (f) for death of infants; (II.) concurrent actions for death and injury.

788

DEBT. See IMPRISONMENT FOR DEBT,
NOTES AND BRIEFS.

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ELECTRICAL USES AND APPLI-
ANCES.

1. A man who comes in contact with an electric light wire on the side of a building

DEBTOR AND CREDITOR. See CON- while climbing out of a window upon a cornice

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DELEGATION OF POWER. See CON- at a place where people have the right to go STITUTIONAL LAW, 10.

DESCENT AND DISTRIBUTION.
See also ESTOPPEL, 6; PARENT AND
CHILD.

A fraud upon the rights of a wife is committed when the husband strips himself of all his property just before death by delivering deeds of real estate that had been made some

for work, business, or pleasure, although very great care may be sufficient as to wires at other places.

Id.

4. The fact that the insulation of dangerous electric wires is very expensive or inconvenient is no excuse for failure to make such insulation perfect at points where people have the right to go for work, business, or pleasure.

Id.

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